The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985

Prescribed disease or injury	Occupation
A. Conditions due to physical agents	Any occupation involving:
A1. Inflammation, ulceration or malignant disease of the skin or subcutaneous tissues or of the bones, or blood dyscrasia, or cataract, due to electro-magnetic radiations (other than radiant heat), or to ionising particles.	Exposure to electro-magnetic radiations (other than radiant heat) or to ionising particles.
A2. Heat cataract.	Frequent or prolonged exposure to rays from molten or red-hot material.
A3. Dysbarism, including decompression sickness, barotrauma and osteonecrosis.	Subjection to compressed or rarefied air or other respirable gases or gaseous mixtures.
A4. Cramp of the hand or forearm due to repetitive movements.	Prolonged periods of handwriting, typing or other repetitive movements of the fingers, hand or arm.
A5. Subcutaneous cellulitis of the hand (beat hand).	Manual labour causing severe or prolonged friction or pressure on the hand.
A6. Bursitis or subcutaneous cellulitis arising at or about the knee due to severe or prolonged external friction or pressure at or about the knee (beat knee).	Manual labour causing severe or prolonged external friction or pressure at or about the knee.
A7. Bursitis or subcutaneous cellulitis arising at or about the elbow due to severe or prolonged external friction or pressure at or about the elbow (beat elbow).	Manual labour causing severe or prolonged external friction or pressure at or about the elbow.
A8. Traumatic inflammation of the tendons of the hand or forearm, or of the associated tendon sheaths.	Manual labour, or frequent or repeated movements of the hand or wrist.
A9. Miner's nystagmus.	Work in or about a mine.
A10. Substantial sensorineural hearing loss amounting to at least 50dB in each ear, being due in the case of at least one ear to occupational noise, and being the average of pure tone losses measured by audiometry over the 1, 2 and 3 kHz frequencies (occupational deafness).	(a) The use of, or work wholly or mainly in the immediate vicinity of, pneumatic percussive tools or high-speed grinding tools, in the cleaning, dressing or finishing of cast metal or of ingots, billets or blooms; or (b) the use of, or work wholly or mainly in the immediate vicinity of, pneumatic percussive tools on metal in the shipbuilding or ship repairing industries; or Any occupation involving: (c) the use of, or work in the immediate vicinity of, pneumatic percussive tools on metal, or for drilling rock in quarries or underground, or in mining coal, for at least an average of one hour per working day; or (d) work wholly or mainly in the immediate vicinity of drop-forging plant (including plant for drop-stamping or drop-hammering) or forging press plant engaged in the shaping of metal; or (e) work wholly or mainly in rooms or sheds where there are machines engaged in weaving man-made or natural (including mineral) fibres or in the bulking up of fibres in textile manufacturing; or (f) the use of, or work wholly or mainly in the immediate vicinity of, machines engaged in cutting, shaping or cleaning metal nails; or (g) the use of, or work wholly or mainly in the immediate vicinity of, plasma spray guns engaged in the deposition of metal; or (h) the use of, or work wholly or mainly in the immediate vicinity of, any of the following machines engaged in the working of wood or material composed partly of wood, that is to say: multi-cutter moulding machines, planing machines, automatic or semi-automatic lathes, multiple cross-cut machines, automatic shaping machines, double-end tenoning machines, vertical spindle moulding machines (including high speed routing machines), edge banding machines, bandsawing machines with a blade width of not less than 75 millimetres and circular sawing machines in the operation of which the blade is moved towards the material being cut; or (i) the use of chain saws in forestry.
A11. Episodic blanching, occurring throughout the year, affecting the middle or proximal phalanges or in the case of a thumb the proximal phalanx, of— (a) in the case of a person with 5 fingers (including thumb) on one hand, any 3 of those fingers, or (b) in the case of a person with only 4 such fingers, any 2 of those fingers, or (c) in the case of a person with less than 4 such fingers, any one of those fingers or, as the case may be, the one remaining finger (vibration white finger).	(a) the use of hand-held chain saws in forestry; or (b) the use of hand-held rotary tools in grinding or in the sanding or polishing of metal, or the holding of material being ground, or metal being sanded or polished, by rotary tools; or Any occupation involving: (c) the use of hand-held percussive metal-working tools, or the holding of metal being worked upon by percussive tools, in riveting, caulking, chipping, hammering, fettling or swaging; or (d) the use of hand-held powered percussive drills or hand-held powered percussive hammers in mining, quarrying, demolition, or on roads or footpaths, including road construction; or (e) the holding of material being worked upon by pounding machines in shoe manufacture.
B. Conditions due to biological agents
B1. Anthrax.	Contact with animals infected with anthrax or the handling (including the loading or unloading or transport) of animal products or residues.
B2. Glanders.	Contact with equine animals or their carcases.
B3. Infection by leptospira.	(a) Work in places which are, or are liable to be, infested by rats, field mice or voles, or other small mammals; or (b) work at dog kennels or the care or handling of dogs; or (c) contact with bovine animals or their meat products or pigs or their meat products.
B4. Ankylostomiasis.	Work in or about a mine.
B5. Tuberculosis.	Contact with a source of tuberculous infection.
B6. Extrinsic allergic alveolitis (including farmer's lung).	Exposure to moulds or fungal spores or heterologous proteins by reason of employment in:— (a) agriculture, horticulture, forestry, cultivation of edible fungi or malt-working; or (b) loading or unloading or handling in storage mouldy vegetable matter or edible fungi; or (c) caring for or handling birds; or (d) handling bagasse.
B7. Infection by organisms of the genus brucella.	Contact with— (a) animals infected by brucella, or their carcases or parts thereof, or their untreated products; or (b) laboratory specimens or vaccines of, or containing, brucella.
B8. Viral hepatitis.	Any occupation involving: Contact with— (a) human blood or human blood products; or (b) a source of viral hepatitis.
B9. Infection by Streptococcus suis.	Contact with pigs infected by Streptococcus suis, or with the carcases, products or residues of pigs so infected.
C. Conditions due to chemical agents
C1. Poisoning by lead or a compound of lead.	The use or handling of, or exposure to the fumes, dust or vapour of, lead or a compound of lead, or a substance containing lead.
C2. Poisoning by manganese or a compound of manganese.	The use or handling of, or exposure to the fumes, dust or vapour of, manganese or a compound of manganese, or a substance containing manganese.
C3. Poisoning by phosphorus or an inorganic compound of phosphorus or poisoning due to the anti-cholinesterase or pseudo anti-cholinesterase action of organic phosphorus compounds.	The use or handling of, or exposure to the fumes, dust or vapour of, phosphorus or a compound of phosphorus, or a substance containing phosphorus.
C4. Poisoning by arsenic or a compound of arsenic.	The use or handling of, or exposure to the fumes, dust or vapour of, arsenic or a compound of arsenic, or a substance containing arsenic.
C5. Poisoning by mercury or a compound of mercury.	The use or handling of, or exposure to the fumes, dust or vapour of, mercury or a compound of mercury, or a substance containing mercury.
C6. Poisoning by carbon bisulphide.	The use or handling of, or exposure to the fumes or vapour of, carbon bisulphide or a compound of carbon bisulphide, or a substance containing carbon bisulphide.
C7. Poisoning by benzene or a homologue of benzene.	The use or handling of, or exposure to the fumes of, or vapour containing benzene or any of its homologues.
C8. Poisoning by a nitro- or amino- or chloro- derivative of benzene or of a homologue of benzene, or poisoning by nitrochlorbenzene.	The use or handling of, or exposure to the fumes of, or vapour containing, a nitro- or amino- or chloro- derivative of benzene, or of a homologue of benzene, or nitrochlorbenzene.
C9. Poisoning by dinitrophenol or a homologue of dinitrophenol or by substituted dinitrophenols or by the salts of such substances.	The use or handling of, or exposure to the fumes of, or vapour containing, dinitrophenol or a homologue or substituted dinitrophenols or the salts of such substances.
C10. Poisoning by tetrachloroethane.	Any occupation involving: The use or handling of, or exposure to the fumes of, or vapour containing, tetrachloroethane.
C11. Poisoning by diethylene dioxide (dioxan).	The use or handling of, or exposure to the fumes of, or vapour containing, diethylene dioxide (dioxan).
C12. Poisoning by methyl bromide.	The use or handling of, or exposure to the fumes of, or vapour containing, methyl bromide.
C13. Poisoning by chlorinated naphthalene.	The use or handling of, or exposure to the fumes of, or dust or vapour containing, chlorinated naphthalene.
C14. Poisoning by nickel carbonyl.	Exposure to nickel carbonyl gas.
C15. Poisoning by oxides of nitrogen.	Exposure to oxides of nitrogen.
C16. Poisoning by gonioma kamassi (African boxwood).	The manipulation of gonioma kamassi or any process in or incidental to the manufacture of articles therefrom.
C17. Poisoning by beryllium or a compound of beryllium.	The use or handling of, or exposure to the fumes, dust or vapour of, beryllium or a compound of beryllium, or a substance containing beryllium.
C18. Poisoning by cadmium.	Exposure to cadmium dust or fumes.
C19. Poisoning by acrylamide monomer.	The use or handling of, or exposure to, acrylamide monomer.
C20. Dystrophy of the cornea (including ulceration of the corneal surface) of the eye.	(a) The use or handling of, or exposure to, arsenic, tar, pitch, bitumen, mineral oil (including paraffin), soot or any compound, product or residue of any of these substances, except quinone or hydroquinone; or (b) exposure to quinone or hydroquinone during their manufacture.
C21. (a) Localised new growth of the skin, papillomatous or keratotic; (b) squamous-celled carcinoma of the skin.	The use or handling of, or exposure to, arsenic, tar, pitch, bitumen, mineral oil (including paraffin), soot or any compound, product or residue of any of these substances, except quinone or hydroquinone.
C22. (a) Carcinoma of the mucous membrane of the nose or associated air sinuses; (b) primary carcinoma of a bronchus or of a lung.	Work in a factory where nickel is produced by decomposition of a gaseous nickel compound which necessitates working in or about a building or buildings where that process or any other industrial process ancillary or incidental thereto is carried on.
C23. Primary neoplasm (including papilloma, carcinoma-in-situ and invasive carcinoma) of the epithelial lining of the urinary tract (renal pelvis, ureter, bladder and urethra).	Any occupation involving: (a) Work in a building in which any of the following substances is produced for commercial purposes:— (i) alpha-naphthylamine, beta-naphthylamine or methylenebis-orthochloroaniline; (ii) diphenyl substituted by at least one nitro or primary amino group or by at least one nitro and primary amino group (including benzidine); (iii) any of the substances mentioned in sub-paragraph (ii) above if further ring substituted by halogeno, methyl or methoxy groups, but not by other groups; (iv) the salts of any of the substances mentioned in sub-paragraphs (i) to (iii) above; (v) auramine or magenta; or (b) the use of handling of any of the substances mentioned in sub-paragraph (a) (i) to (iv), or work in a process in which any such substance is used, handled or liberated; or (c) the maintenance or cleaning of any plant or machinery used in any such process as is mentioned in sub-paragraph (b), or the cleaning of clothing used in any such building as is mentioned in sub-paragraph (a) if such clothing is cleaned within the works of which the building forms a part or in a laundry maintained and used solely in connection with such works.
C24. (a) Angiosarcoma of the liver; (b) osteolysis of the terminal phalanges of the fingers; (c) non-cirrhotic portal fibrosis.	(a) Work in or about machinery or apparatus used for the polymerization of vinyl chloride monomer, a process which, for the purposes of this provision, comprises all operations up to and including the drying of the slurry produced by the polymerization and the packaging of the dried product; or (b) work in a building or structure in which any part of that process takes place.
C25. Occupational vitiligo.	The use or handling of, or exposure to, para-tertiary-butylphenol, para-tertiary-butylcatechol, para-amyl-phenol, hydroquinone or the monobenzyl or monobutyl ether of hydroquinone.
D. Miscellaneous Conditions
D1. Pneumoconiosis.	Any occupation— (a) set out in Part II of this Schedule; (b) specified in regulation 2(b)(ii).
D2. Byssinosis.	Any occupation involving: Work in any room where any process up to and including the weaving process is performed in a factory in which the spinning or manipulation of raw or waste cotton or of flax, or the weaving of cotton or flax, is carried on.
D3. Diffuse mesothelioma (primary neoplasm of the mesothelium of the pleura or of the pericardium or of the peritoneum).	(a) The working or handling of asbestos or any admixture of asbestos; or (b) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or (c) the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures and appliances for the collection of asbestos dust; or (d) substantial exposure to the dust arising from any of the foregoing operations.
D4. Inflammation or ulceration of the mucous membrane of the upper respiratory passages or mouth produced by dust, liquid or vapour.	Exposure to dust, liquid or vapour.
D5. Non-infective dermatitis of external origin (including chrome ulceration of the skin but excluding dermatitis due to ionising particles or electro-magnetic radiations other than radiant heat).	Exposure to dust, liquid or vapour or any other external agent capable of irritating the skin (including friction or heat but excluding ionising particles or electro-magnetic radiations other than radiant heat).
D6. Carcinoma of the nasal cavity or associated air sinuses (nasal carcinoma).	(a) Attendance for work in or about a building where wooden goods are manufactured or repaired; or (b) attendance for work in a building used for the manufacture of footwear or components of footwear made wholly or partly of leather or fibre board; or (c) attendance for work at a place used wholly or mainly for the repair of footwear made wholly or partly of leather or fibre board.
D7. Asthma which is due to exposure to any of the following agents:— (a) isocyanates; (b) platinum salts; (c) fumes or dusts arising from the manufacture, transport or use of hardening agents (including epoxy resin curing agents) based on phthalic anhydride, tetrachlorophthalic anhydride, trimellitic anhydride or triethylenetetramine; (d) fumes arising from the use of rosin as a soldering flux; (e) proteolytic enzymes; (f) animals or insects used for the purposes of research or education or in laboratories; (g) dusts arising from the sowing, cultivation, harvesting, drying, handling, milling, transport or storage of barley, oats, rye, wheat or maize, or the handling, milling, transport or storage of meal or flour made therefrom (occupational asthma).	Any occupation involving: Exposure to any of the agents set out in column 1 of this paragraph.
D8. Primary carcinoma of the lung where there is accompanying evidence of one or both of the following:— (a) asbestosis; (b) bilateral diffuse pleural thickening.	(a) The working or handling of asbestos or any admixture of asbestos; or (b) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or (c) the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures and appliances for the collection of asbestos dust; or (d) substantial exposure to the dust arising from any of the foregoing operations.
D9. Bilateral diffuse pleural thickening.	(a) The working or handling of asbestos or any admixture of asbestos; or (b) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or (c) the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures and appliances for the collection of asbestos dust; or Any occupation involving: (d) substantial exposure to the dust arising from any of the foregoing operations.

PART II — OCCUPATIONS FOR WHICH PNEUMOCONIOSIS IS PRESCRIBED

1

Any occupation involving—

• (a) the mining, quarrying or working of silica rock or the working of dried quartzose sand or any dry deposit or dry residue of silica or any dry admixture containing such materials (including any occupation in which any of the aforesaid operations are carried out incidentally to the mining or quarrying of other minerals or to the manufacture of articles containing crushed or ground silica rock);

• (b) the handling of any of the materials specified in the foregoing sub-paragraph in or incidental to any of the operations mentioned therein, or substantial exposure to the dust arising from such operations.

2

Any occupation involving the breaking, crushing or grinding of flint or the working or handling of broken, crushed or ground flint or materials containing such flint, or substantial exposure to the dust arising from any of such operations.

3

Any occupation involving sand blasting by means of compressed air with the use of quartzose sand or crushed silica rock or flint, or substantial exposure to the dust arising from sand and blasting.

4

Any occupation involving work in a foundry or the performance of, or substantial exposure to the dust arising from, any of the following operations:—

• (a) the freeing of steel castings from adherent siliceous substance;

• (b) the freeing of metal castings from adherent siliceous substance—

• (i) by blasting with an abrasive propelled by compressed air, by steam or by a wheel; or

• (ii) by the use of power-driven tools.

5

Any occupation in or incidental to the manufacture of china or earthenware (including sanitary earthenware, electrical earthenware and earthenware tiles), and any occupation involving substantial exposure to the dust arising therefrom.

6

Any occupation involving the grinding of mineral graphite, or substantial exposure to the dust arising from such grinding.

7

Any occupation involving the dressing of granite or any igneous rock by masons or the crushing of such materials, or substantial exposure to the dust arising from such operations.

8

Any occupation involving the use, or preparation for use, of a grindstone, or substantial exposure to the dust arising therefrom.

9

Any occupation involving—

• (a) the working or handling of asbestos or any admixture of asbestos;

• (b) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos;

• (c) the cleaning of any machinery or plant used in any foregoing operations and of any chambers, fixtures and appliances for the collection of asbestos dust;

• (d) substantial exposure to the dust arising from any of the foregoing operations.

10

Any occupation involving—

• (a) work underground in any mine in which one of the objects of the mining operations is the getting of any mineral;

• (b) the working or handling above ground at any coal or tin mine of any minerals extracted therefrom, or any operation incidental thereto;

• (c) the trimming of coal in any ship, barge, or lighter, or in any dock or harbour or at any wharf or quay;

• (d) the sawing, splitting or dressing of slate, or any operation incidental thereto.

11

Any occupation in or incidental to the manufacture of carbon electrodes by an industrial undertaking for use in the electrolytic extraction of aluminium from aluminium oxide, and any occupation involving substantial exposure to the dust arising therefrom.

12

Any occupation involving boiler scaling or substantial exposure to the dust arising therefrom.

SCHEDULE 2 — MODIFICATIONS OF CHAPTERS IV AND VI OF PART II OF THE ACT IN THEIR APPLICATION TO BENEFIT AND CLAIMS TO WHICH THESE REGULATIONS APPLY

In Chapters IV and VI of Part II of the Act references to accidents shall be construed as references to prescribed diseases and references to the relevant accident shall be construed as references to the relevant disease and references to the date of the relevant accident shall be construed as references to the date of onset of the relevant disease.

SCHEDULE 3 — ASSESSMENT OF THE EXTENT OF OCCUPATIONAL DEAFNESS

PART I — CLAIMS TO WHICH REGULATION 34(1) APPLIES

Average of hearing losses (dB) due to all causes at 1, 2 and 3 kHz frequencies	Degree of disablement per cent
50–52 dB	20
53–57 dB	30
58–62 dB	40
63–67 dB	50
68–72 dB	60
73–77 dB	70
78–82 dB	80
83–87 dB	90
88 dB or more	100

PART II — CLAIMS TO WHICH REGULATION 34(2) APPLIES

Average of hearing losses (dB) due to all causes at 1, 2 and 3 kHz frequencies	Degree of disablement per cent
50–53 dB	20
54–60 dB	30
61–66 dB	40
67–72 dB	50
73–79 dB	60
80–86 dB	70
87–95 dB	80
96–105 dB	90
106 dB or more	100

PART III — FORMULA FOR CALCULATING BINAURAL DISABLEMENT

(Degree of disablement of better ear ×4)	+	Degree of disablement of worse ear
	5

SCHEDULE 4 — PRESCRIBED DISEASES AND RELEVANT DATES OF THE PURPOSES OF REGULATION 43

Description of disease or injury	Relevant date
A3. Dysbarism, including decompression sickness, barotrauma and osteonecrosis.	Except in the case of a person suffering from decompression sickness employed in any occupation involving subjection to compressed or rarefied air, 3rd October 1983.
A11. Episodic blanching, occurring throughout the year, affecting the middle or proximal phalanges or in the case of a thumb the proximal phalanx, of—(a) in the case of a person with 5 fingers (including thumb) on one hand, any 3 of those fingers, or(b) in the case of a person with only 4 such fingers, any 2 of those fingers, or (c) in the case of a person with less than 4 such fingers, any one of those fingers or, as the case may be, the one remaining finger (vibration white finger).	1st April 1985.
B1. Anthrax.	In the case of a person employed in an occupation involving the loading and unloading or transport of animal products or residues, 3rd October 1983
B3. Infection by leptospira.	(a) In the case of a person employed in an occupation in places which are or are liable to be infested by small mammals other than rats, field mice or voles, 3rd October 1983;(b) in the case of a person employed in an occupation in any other place mentioned in the second column of paragraph B3 of Part I of Schedule 1 above, 7th January 1980.
B5. Tuberculosis.	In the case of a person employed in an occupation involving contact with a source of tuberculous infection, not being an employment set out in the second column of paragraph 38 of Part I of Schedule 1 to the old regulations, 3rd October 1983.
B6. Extrinsic allergic alveolitis (including farmer's lung).	In the case of a person suffering from extrinsic allergic alveolitis, not being farmer's lung, employed in any occupation set out in the second column of paragraph B6 of Part I of Schedule 1 above, or in the case of a person suffering from farmer's lung, employed in any occupation involving exposure to moulds or fungal spores or heterologous proteins by reason of employment in cultivation of edible fungi or maltworking, or loading or unloading or handling in storage edible fungi or caring for or handling birds, 3rd October 1983.
B7. Infection by organisms of the genus brucella.	In the case of a person suffering from infection by organisms of the genus brucella, not being infection by Brucella abortus, or employed in an occupation set out in the second column of paragraph B7 of Part I of Schedule 1 above, not being an occupation set out in the second column of paragraph 46 of Part I of Schedule 1 to the old regulations, 3rd October 1983.
B8. Viral hepatitis.	In the case of a person employed in any occupation involving contact with human blood or human blood products, or contact with a source of viral hepatitis, 3rd December 1984.
B9. Infection by Streptococcus suis.	3rd October 1983.
B10. (a) Avian chlamydiosis	9th August 1989
B10. (b) Ovine chlamydiosis	9th August 1989
B11. Q fever	9th August 1989
C3. Poisoning by phosphorus or an inorganic compound of phosphorus or poisoning due to the anti-cholinesterase or pseudo anti-cholinesterase action of organic phosphorus compounds.	In the case of a person suffering from poisoning by an inorganic compound of phosphorus or poisoning due to the pseudo anti-cholinesterase action of organic phosphorus compounds, 3rd October 1983.
C18. Poisoning by cadmium.	In the case of a person employed in an occupation involving exposure to cadmium dust, 3rd October 1983.
C23. Primary neoplasm (including papilloma, carcinoma-in-situ and invasive carcinoma) of the epithelial lining of the urinary tract (renal pelvis, ureter, bladder and urethra).	In the case of a person employed in an occupation involving work in a building in which methylene-bis-orthochloroaniline is produced for commercial purposes, 3rd October 1983.
C24. (a) Angiosarcoma of the liver;(b) osteolysis of the terminal phalanges of the fingers; (c) non-cirrhotic portal fibrosis.	(a) In the case of a person suffering from angiosarcoma of the liver or osteolysis of the terminal phalanges of the fingers, 21st March 1977; (b) in the case of a person suffering from non-cirrhotic portal fibrosis, 3rd October 1983.
C25. Occupational vitiligo.	15th December 1980
C26 Damage to the liver or kidneys due to exposure to Carbon Tetrachloride.	4th January 1988
C27 Damage to the liver or kidneys due to exposure to Trichloromethane (Chloroform).	4th January 1988
C28. Central nervous system dysfunction and associated gastro-intestinal disorders due to exposure to Chloromethane (Methyl Chloride).	4th January 1988
C29 Peripheral neuropathy due to exposure to n-hexane or methyl n-butyl ketone.	4th January 1988
D3. Diffuse mesothelioma.	In the case of a person suffering from primary neoplasm of the pericardium, 3rd October 1983.
D6. Carcinoma of the nasal cavity or associated air sinuses (nasal carcinoma).	In the case of a person employed in an occupation involving attendance for work in or about a building where wooden goods (other than wooden furniture) are manufactured or where wooden goods are repaired, 3rd October 1983.
D7. Occupational asthma.	(a) In the case of a person suffering from asthma due to exposure to any of the following agents:—(i) isocyanates;(ii) platinum salts; (iii) fumes or dusts arising from the manufacture, transport or use of hardening agents (including epoxy resin curing agents) based on phthalic anhydride, tetrachlorophthalic anhydride, trimellitic anhydride or triethylenetetramine;(iv) fumes arising from the use of rosin as a soldering flux;(v) proteolytic enzymes;(vi) animals or insects used for the purposes of research or education or in laboratories;(vii) dusts arising from the sowing, cultivation, harvesting, drying, handling, milling, transport or storage of barley, oats, rye, wheat or maize, or the handling, milling, transport or storage of meal or flour made therefrom,29th March 1982;(b) In the case of a person suffering from asthma due to exposure to any of the following agents:—(i)animals including insects and other arthropods used for the purposes of research or education or in laboratories;(ii) antibiotics;(iii) cimetidine;(iv) wood dust;(v) ispaghula;(vi) castor bean dust;(vii) ipecacuanha;(viii) azodicarbonamide,1st September 1986.
D8. Primary carcinoma of the lung where there is accompanying evidence of one or both of the following:—(a) asbestosis;(b) bilateral diffuse pleural thickening.	1st April 1985.
D9. Bilateral diffuse pleural thickening.	1st April 1985.
D10. lung cancer	1st April 1987

SCHEDULE 5 — TRANSITIONAL PROVISIONS REGARDING DATES OF DEVELOPMENT AND DATES OF ONSET

1

In this Schedule the “date of development” has the meaning attributed to it by regulations 5 , 6, 7 and 56 of the old regulations.

2

Where a claim for benefit has been made before 6th April 1983, a date of development shall be determined and regulation 16 of the old regulations shall apply as if the old regulations were still in force.

3

Where a claim for benefit is made after 5th April 1983 and a date of onset is determined which is before 6th April 1983, regulation 16 of the old regulations shall apply as if the old regulations were still in force.

4

Where in pursuance of a claim made before 6th April 1983 a date of development has been determined and an award of benefit has been made these regulations shall have effect in relation to that claim and any subsequent claim made by or on behalf of the same person in respect of the same disease (except where under regulation 7 the disease is treated as having been contracted afresh) as if references to the date of onset were references to that date of development.

5

Subject to paragraph 6, where a claim for injury benefit for a day falling or a period beginning before 6th April 1983 is made after 5th April 1983 and no date of development or date of onset which can be treated as such for the purposes of that claim has already been determined, for the purpose only of determining the date on which the injury benefit period (if any) is to begin, a date of development shall be determined, so however that if it is later than 5th April 1983 no injury benefit period shall begin and injury benefit shall not be payable.

6

There shall be no entitlement, in the following cases, to benefit for any day which is earlier than the date specified:—

• (a) in the case of a person who is or has been suffering from

(i) viral hepatitis	2nd February 1976
(ii) angiosarcoma of the liver	21st March 1977
(iii) osteolysis of the terminal phalanges of the fingers	21st March 1977
(iv) carcinoma of the nasal cavity or associated air sinuses (nasal carcinoma)	8th August 1979
(v) occupational vitiligo	15th December 1980
“(vi) occupational asthma arising otherwise than as described at (vii) below	29th March 1982;
(vii) Occupational asthma which is due to exposure to antibiotics, cimetidine, wood dust, ispaghula, castor bean dust, ipecacuanha or azodicarbonamide	1st September 1986;

• (b) in the case of a person who is or has been suffering from byssinosis but who has not been employed in employed earner's employment in any occupation mentioned in regulation 2(c) of the old regulations for a period or periods (whether before or after 5th July 1948) amounting in the aggregate to 5 years: 6th April 1979;

• (c) in the case of a person who is or has been suffering from infection by leptospira but neither is nor has been either incapable of work or suffering from a loss of faculty as a result of infection by—

• (i) leptospira icterohaemorrhagiae in the case of a person employed in employed earner's employment in any occupation involving work in places which are, or are liable to be, infested by rats, or

• (ii) leptospira canicola in the case of a person employed in employed earner's employment in any occupation involving work at dog kennels or the care or handling of dogs: 7th January 1980.

SCHEDULE 6 — REGULATIONS REVOKED

Citation	Statutory Instrument	Extent of Revocation
The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1980	S.I. 1980/377	The whole of the regulations
The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1980	S.I. 1980/1493	The whole of the regulations
The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1982	S.I. 1982/249	The whole of the regulations
The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 1982	S.I. 1982/566	The whole of the regulations
The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1983	S.I. 1983/185	The whole of the regulations
The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 1983	S.I. 1983/1094	The whole of the regulations
The Social Security Adjudication (Consequential Amendments) Regulations 1984	S.I. 1984/458	Regulation 7
The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1984	S.I. 1984/1659	The whole of the regulations
The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1985	S.I. 1985/159	The whole of the regulations

Signed

Signed by authority of the Secretary of State for Social Services.

Tony Newton — Minister of State — Department of Health and Social Security — 1985-06-24

Explanatory note

EXPLANATORY NOTE

These regulations are made for the purpose only of consolidating the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1980 and subsequent amending regulations, all of which are revoked. Paragraph 12 of Part II of Schedule 16 to the Social Security Act 1975 exempts such regulations from reference to the Industrial Injuries Advisory Council and they have not been so referred.

One major difference between these regulations and those made in 1980 is that the provisions in Part V of the 1980 regulations (Procedure for Determination of Claims and Questions) are now in Part IX of the Social Security (Adjudication) Regulations 1984 and have accordingly been omitted from the present consolidation. In other respects the form and content of the present set of regulations is much as before, dealing, in the same sequence, with the prescription of diseases and presumption as to their origin (Part II and Schedule 1), the date of onset and recrudescence of disease (Part III ), the application to prescribed diseases of certain provisions of the Social Security Act 1975 and regulations made under it ( Part IV and Schedule 2), the special provisions made in respect of pneumoconiosis, byssinosis, occupational deafness and certain other diseases (Part V and Schedule 3), certain transitional provisions (Part VI and Schedules 4 and 5) and the revocation of the regulations mentioned in Schedule 6.

Footnotes

Modification of paragraph 11(1) of Schedule 7 to the Social Security Contributions and Benefits Act 1992

14A

The provisions of paragraph 11(1) of Schedule 7 to the Social Security Contributions and Benefits Act 1992 shall be modified by adding after the words “(the day on which section 3 of the Social Security Act 1990 came into force)” the words

and a person shall not be entitled to reduced earnings allowance— (i) in relation to a disease prescribed on or after 10th October 1994 under section 108(2) above; or (ii) in relation to a disease prescribed before 10th October 1994 whose prescription is extended on or after that date under section 108(2) above but only in so far as the prescription has been so extended

Assessment of extent of disablement

Aggregation of Percentages of Disablement

15A

• (1) After the extent of an employed earner's disablement resulting from the relevant disease has been determined, the Secretary of State shall add to the percentage of that disablement the assessed percentage of any present disablement of his resulting from

• (a) any accident after 4th July 1948 arising out of and in the course of his employment, being employed earner's employment, or

• (b) any other relevant disease due to the nature of that employment and developed after 4th July 1948,

and in respect of which a disablement gratuity was not paid to him under the Act after a final assessment of disablement.

• (2) In determining the extent of an employed earner's disablement for the purposes of section 57 of the Act there shall be added to the percentage of disablement resulting from any relevant accident the assessed percentage of any present disablement of his resulting from any disease or injury prescribed for the purposes of Chapter V of Part II of the Act, which was both due to the nature of the employment and developed after 4th July 1948, and in respect of which a disablement gratuity was not paid to him under the Act after a final assessment of his disablement.

• (3) This regulation is subject to the provisions of regulation 15B(3).

Rounding

15B

• (1) Subject to the provisions of this regulation, where the assessment of disablement is a percentage between 20 and 100 which is not a multiple of 10, it shall be treated—

• (a) if it is a multiple of 5, as being the next higher percentage which is a multiple of 10; and

• (b) if it is not a multiple of 5 as being the nearest percentage which is a multiple of 10,

and where it is 14 per cent. or more but less than 20 per cent. it shall be treated as 20 per cent.

• (2) In a case to which regulation 15A (aggregation of percentages of disablement) applies, paragraph (1) shall have effect in relation to the aggregate percentage and not in relation to any percentage forming part of the aggregate.

• (3) Where an assessment or a reassessment states the degree of disablement due to occupational deafness as less than 20 per cent. that percentage shall be disregarded for the purposes of regulation 15A and this regulation.

Death benefit for woman having care of deceased's children

Special provisions as to determination of regular occupation in relation to persons claiming reduced earnings allowance

Exception from requirements as to notice

Provisions as to medical examination

Diffuse mesothelioma—prescribed loss of faculty

20A

• (1) For the purposes of paragraph 1 of Schedule 6 to the Social Security Contributions and Benefits Act 1992 (which provides for the assessment of the extent of disablement for the purposes of industrial injuries disablement benefit), the loss of faculty set out in paragraph (2) below is prescribed under sub-paragraph (d) of that paragraph 1 (loss of faculty from which the resulting disabilities are to be taken as amounting to 100 per cent. disablement).

• (2) The loss of faculty referred to in paragraph (1) above is impaired function of the pleura, pericardium or peritoneum function caused by diffuse mesothelioma.

Asbestos-related primary carcinoma of the lung – special conditions and prescribed loss of faculty

20B

• (1) This regulation applies to a claim for disablement pension made in respect of the diseases prescribed in paragraphs C4, C22(b), C24(a), D8, D8A, D10 and D11 of Part 1 of Schedule 1.

• (2) On a claim to which this regulation applies—

• (a) section 103(6) of the Social Security Contributions and Benefits Act 1992 (entitlement after expiry of 90 days) shall apply as if for the words “after the expiry of the period of 90 days (disregarding Sundays) beginning with the day of the relevant accident” there were substituted the words “the day on which that person first suffers from a loss of faculty due to primary carcinoma of the lung or bronchus or angiosarcoma of the liver”; and

• (b) paragraph 6(1) of Schedule 6 to the Social Security Contributions and Benefits Act 1992 (period to be taken into account by an assessment) shall apply as if the words “beginning not earlier than the end of the period of 90 days referred to in section 103(6) above and in paragraph 9(3) of that Schedule and” were omitted.

• (3) On a claim to which this regulation applies, the loss of faculty prescribed for the purposes of sub-paragraph (d) of paragraph 1 of Schedule 6 to the Social Security Contributions and Benefits Act 1992 (assessment of the extent of disablement) is lung impairment caused by primary carcinoma of the lung or bronchus, or impairment caused by angiosarcoma of the liver.

D12

Except in the circumstances specified in regulation 2(d)—

chronic obstructive pulmonary disease

where there is ... evidence of a forced expiratory volume in one second (measured from the position of maximum inspiration with the claimant making maximum effort) which is—

• (i) at least one litre below the appropriate mean value predicted, obtained from the following prediction formulae which give the mean values predicted in litres—

• For a man, where the measurement is made without back-extrapolation, (3.62 × Height in metres) − (0.031 × Age in years) − 1.41; or, where the measurement is made with back-extrapolation, (3.71 × Height in metres) − (0.032 × Age in years) − 1.44;

• For a woman, where the measurement is made without back-extrapolation, (3.29 × Height in metres) − (0.029 × Age in years) − 1.42; or, where the measurement is made with back-extrapolation, (3.37 × Height in metres) − (0.030 × Age in years) − 1.46; or

• (ii) less than one litre.

6

Any occupation involving the grinding of mineral graphite, or substantial exposure to the dust arising from such grinding.

Editorial notes